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responsibility for its accuracy
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Zoning Districts
Airport Noise Overlay
A-1 A-2 A-3 R-E R-1-A R-1-C R-2 R-3 R-4 M-H C-0 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 CO PL AV DIA
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responsibility for its accuracy
Railroad Major Water Zoning Line Sections
Zoning Districts
Airport Noise Overlay
A-1 A-2 A-3 R-E R-1-A R-1-C R-2 R-3 R-4 M-H C-0 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 CO PL AV DIA
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This map is made possible by the Adams County GIS group, which assumes no
responsibility for its accuracy
Railroad Major Water Zoning Line Sections
Zoning Districts
Airport Noise Overlay
A-1 A-2 A-3 R-E R-1-A R-1-C R-2 R-3 R-4 M-H C-0 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 CO PL AV DIA
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This map is made possible by the Adams County GIS group, which assumes no
responsibility for its accuracy
Railroad Major Water Zoning Line Sections
Zoning Districts
Airport Noise Overlay
A-1 A-2 A-3 R-E R-1-A R-1-C R-2 R-3 R-4 M-H C-0 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 CO PL AV DIA
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Victory Solar Project RCU2016-00006
Planning Commission April 14, 2016 CASE No.: RCU2016-00006 CASE NAME: Victory Solar Project Owner’s Name: Intermountain Rural Electric Association (IREA)
Applicant's Name: Victory Solar LLC (Juwi Inc.)
Applicant's Address: 1710 29th Street, Suite 1068, Boulder CO 80301
Location of Request: Southwest corner of E 56th Avenue & Converse Road Nature of Request: A conditional use permit to allow a major energy facility (solar
project) in an A-3 zone district. Zone District: Agriculture-3 (A-3) Comprehensive Plan: Agriculture Site Size: 152.255 acres Proposed Use: Major Energy Facility (solar project) Existing Use: Vacant
Hearing Date(s): PC: April 14, 2016 / 6:00 p.m.
BOCC: May 10, 2016 /10:00 a.m.
Report Date: March 24, 2016
Case Manager: Christopher C. La Rue Staff Recommendation: APPROVAL with 8 Findings-of-Fact and 4 Conditions
SUMMARY OF APPLICATION Background Victory Solar LLC, a subsidiary of Juwi Inc., is requesting a conditional use permit to build a solar project on land owned by Intermountain Rural Electric Association (IREA). The development would be adjacent to the IREA-owned Victory Substation (located on the southwest corner of E 56th Ave & Converse Road). Electricity generated from the project would be connected directly to the adjacent substation, and would have the capacity to produce 12.8 megawatts of power. The property is approximately 152 acres and currently vacant. The proposed conditional use permit will cover 110 acres of the overall site. The applicant and IREA have a 35 year agreement of allowing the property to be used as a solar project for the duration. Access to the site will be
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
STAFF REPORT
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from East 56th Avenue, which is located on the north side of the property. According to the applicant, approximately 48,000 solar panels will be installed on the property. In addition, he project is a larger utility-scale solar facility that will provide power directly to the IREA. Site Characteristics: The property is located on the southwest corner of East 56th Avenue and Converse Road. Surrounding land uses mostly consist of agricultural uses. There are single family homes on the property to the west and northwest of the subject site. Both of the homes are located approximately one and a half miles away. Majority of the immediate surrounding area are zoned A-3. The property to the northeast of the site is zoned A-1, however, is currently used as an electrical substation. This substation was approved by the Board of County Commissioners in 2008 (Case PRJ2008-00016). Approval of the substation allowed the property to be developed as an Area and Activity of State Interest permit to allow operation of a major facility of a public utility. The subject request is located approximately five miles east of Front Range Airport and approximately ten miles east of Denver International Airport (DIA). Development Standards and Regulations Requirements Per Section 3-07-01 of the Adams County Development Standards and Regulations, a conditional use permit is required for a “major energy facility” use in the A-3 zone district. In addition, Section 4-03-03-02-10 of the County’s Development Standards and Regulations outline performance standards for development of a major energy facility. The performance standards include height and setbacks requirements. In accordance with the performance standards, the maximum allowable height of solar panels is 15 feet. According to the applicant, the proposed solar panels will not exceed seven feet in height. In addition, the proposed panels will be required to conform to all setback requirements of the A-3 zone district, which include a 50 foot front setback, a 10 foot side setback, and a 20 foot rear setback. The applicant’s site plan will need to reflect the appropriate setbacks. No landscaping is proposed for the development of the site. The site and surrounding area are rural in nature and sparsely vegetated. A site plan provided with the application shows a seven- foot high chain link fence to be constructed around the perimeter of the development. According to the applicant, the decision to construct a chain link fence is consistent with a preference of the neighboring property owners who wish to be able to see into the site. The applicant also asserts that because the subject development is contiguous to an existing substation and Front Range Airport communications equipment, both of which are surrounded by chain link fences, the proposed request to construct a chain link fence on the perimeter of the subject property will not be out of character with surrounding properties. The area is agricultural and rural in nature and will remain that way for the foreseeable future. Future Land Use Designation/Goals of the Comp-Plan for the Area The Comprehensive Plan designates the subject site and surrounding area as Agricultural. Per Chapter 5 of the Adams County Comprehensive Plan, agricultural areas are those that are not expected to develop, except for limited areas of very low density residential at densities of 1
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dwelling per 35 acres. In addition, the agriculture areas designations are those that are typically characterized by a lack of urban services. Installing solar panels on the property will not be detrimental or impede the goals of the Comprehensive Plan designation of Agricultural on the property or surrounding areas. The solar panels would not cause a long term negative impact to future development or hamper growth of the surrounding area. The facility would generate clean energy without any noise, odor, or other negative externalities. Using the site for a major energy facility will not be detrimental to development of adjacent properties. Overall, there is diminimus maintainance operation required for the solar facility. Daily operations of the site are fully automated and do not require staff on site. Energy production from the site is monitored by the company daily to ensure the facility is operating at expected levels, and planned maintenance may occur only once a week. There is no substantial increase in traffic attributable to the request. The area surrounding the site is not expected to be substantially developed during tenure of the solar project, and there would be no permanent impact as a result of this development. Surrounding Zoning Designations and Existing Use Activity:
Northwest A-3
Southeast A-3
Agriculture Compatibility with the Surrounding Land Uses: Most of the area surrounding to the site is comprised of agricultural and limited residential uses. The subject request will be compatible with the surrounding area. There are no substantial negative off-site impacts associated with the subject development. In addition, beside initial construction of the site, there will be no increase in traffic, pollution, noise, or lighting with the subject development. There is no proposed parking, signage, traffic, or lighting associated with this request. The proposed solar panels will be located at least half a mile from the nearest residential uses. The applicant met with neighboring homeowners on, and none of the homeowners expressed concerns with development of the site as solar garden. Staff Recommendations: It is staff’s determination that the request is consistent with the surrounding area, and will not be detrimental to the development of surrounding property or future growth of the area. Based upon
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the application and the criteria for approving a conditional use permit, staff recommends Approval of this request with 8 findings-of-fact and 4 conditions. Findings of fact:
1. The conditional use is permitted in the applicable zone district.
2. The conditional use is consistent with the purposes of these standards and regulations.
3. The conditional use will comply with the requirements of these standards and regulations, including but not limited to, all applicable performance standards.
4. The conditional use is compatible with the surrounding area, harmonious with the
character of the neighborhood, not detrimental to the immediate area, not detrimental to the future development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County.
5. The conditional use permit has addressed all off-site impacts.
6. The site is suitable for the proposed conditional use including adequate usable space,
adequate access, and absence of environmental constraints.
7. The site plan for the proposed conditional use will provide the most convenient and functional use of the lot including the parking scheme, traffic circulation, open space, fencing, screening, landscaping, signage, and lighting.
8. Sewer, water, storm water drainage, fire protection, police protection, and roads are to be
available and adequate to serve the needs of the conditional use as designed and proposed.
Recommended Conditions of Approval:
1. This conditional use permit shall expire on May 10, 2051. 2. No landscaping or screen fencing shall be required with development of the project. 3. The solar panels on-site shall be removed when the conditional use permit expires, unless
an extension or renewal is granted by the Board of County Commissioners. 4. All construction trailers utilized as part of this project shall obtain either a Temporary Use
Permit or Special Use Permit, consistent with requirement of the County’s Development Standards and Regulations.
PUBLIC COMMENTS
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Staff did not receive any public comments from people regarding this request. According to the applicant, he met a with property owners surrounding the site. However, no one expressed concerns with the proposed development of the site.
COUNTY AGENCY COMMENTS Adams County Building Safety Division: Building permits with engineered plans will be required for construction. Adams County Code Compliance: No comments. Adams County Environmental Analyst: No environmental concerns were noted regarding this development, as the applicant conducted a survey of biological resources and a Phase I Environmental Site Assessment on the property. There were neither special status species present on the property nor any Recognized Environmental Conditions found. Additionally, the applicant has designed their project to avoid the small wetland in the northeast corner of the parcel. Adams County Parks & Community Resources Department: No comments. Adams County Sheriff’s Office: No comments Adams County Development Services Engineering Development Services Engineering reviewed the request and stated the site is not impacted by a floodplain. In addition, the project site is not within the County's MS4 Stormwater Permit area. Erosion and sediment control BMPs are required on the site. Further, the applicant shall be responsible to ensure compliance with all Federal, State, and Local water quality construction requirements. Adams County Development Services Right-of-Way The Adams County Development Review right-of-way staff reviewed the request and commented that seventy feet of right-of-way will be required along East 56th Avenue and 30 feet of right-of-way would be required along Converse Road. The right-of-way for Converse Road had never previously been deeded to Adams County, although the roadway had been created in a historic road petition. Adams County Finance No concerns were noted. Adams County Treasurer’s Office No concerns were noted.
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REFERRAL AGENCY COMMENTS
Responding with Concerns: None Responding without Concerns: CDOT DIA FAA IREA Xcel Energy Notified but not Responding / Considered a Favorable Response: Bennett Fire District Bennett Park & Recreation District Bennett School District 29J CDPHE Century Link Colorado Division of Wildlife Comcast Front Range Airport Metro Wastewater Reclamation Town of Bennett RTD Urban Drainage and Flood Control
Exhibits Table of Contents Exhibit 1- Maps
1.1 Zoning Map 1.2 Aerial Map 1.3 Notice area Map 1.4 Future Land Use Map
Exhibit 2- Applicant Information 2.1 Applicant Written Explanation
2.2 Applicant Site Plan Exhibit 3- Referral Comments
3.1 Development Review Team Comments (Planning, Engineering, Right-of-Way, Building Safety, and Parks).
3.2 Adams County Environmental Analyst 3.3 Adams County Treasurer’s Office 3.4 Adams County Finance
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3.5 DIA 3.6 CDOT 3.7 IREA 3.8 Xcel Energy Exhibit 4- Citizen Comments None. Exhibit 5- Associated Case Materials 5.1 Certificate of Posting 5.2 Public Hearing Notice/ Request for Comments 5.3 Property Owner Labels
5.4 Referral Labels
To: Planning Commission From: Christopher C. LaRue, Senior Planner Subject: RCU2016-00006, Victory Solar Project Date: April 14, 2016
ALTERNATIVE RECOMMENDED FINDINGS OF FACT
If the Planning Commissioner does not concur with the Staff recommendation of Approval, the following findings may be adopted as part of a decision of Denial:
1. The conditional use is not permitted in the applicable zone district.
2. The conditional use is not consistent with the purposes of these standards and regulations.
3. The conditional use will not comply with the requirements of these standards and
regulations including, but not limited to, all applicable performance standards.
4. The conditional use is not compatible with the surrounding area, not harmonious with the character of the neighborhood, would be detrimental to the immediate area, would be detrimental to the future development of the area, and would be detrimental to the health, safety, or welfare of the inhabitants of the area and the County.
5. The conditional use permit has not addressed all off-site impacts.
6. The site is not suitable for the conditional use including adequate usable space, adequate access, and absence of environmental constraints.
7. The site plan for the proposed conditional use will not provide the most convenient
and functional use of the lot including the parking scheme, traffic circulation, open space, fencing, screening, landscaping, signage, and lighting.
8. Sewer, water, storm water drainage, fire protection, police protection, and roads are
not available and adequate to serve the needs of the conditional use as designed and proposed.
Victory Solar LLC
For Adams County
3. Application Fee (Submittal Item M) (Attached)
4. Conceptual Review Meeting Summary Letter (Attached)
5. Neighborhood Meeting Summary (Mailing Labels Attached). The closest residence to the site is located approximately .3 mile to the east. Two other residences are located to the west at a similar distance (.35 mile). The Company has met with the owners of these residences and has incorporated their recommendations in the Project design. No other residences are located within .5 mile of the Project. In addition, letters were mailed to property owners on January 15, 2016 notifying them of the project and providing contact information for any questions about the project. Per the pre-application meeting, Adams County determined a public meeting was not necessary.
6. Certificate of Taxes Paid (Attached) A Receipt of Tax Payment by previous owner Randy J. Taylor from April 27, 2015 is attached as part of this CUP application. Also attached is the Statement of Taxes Due as of January 14, 2016. The current property owner and applicant IREA will pay the taxes due prior to the Planning Commission Public Meeting. The parcel is currently owned by IREA, as confirmed in the Title Commitment provided under Item 7. Proof of Ownership.
7. Proof of Ownership (Attached) The Title Commitment for the property is included electronically on the flash drive provided to Adams County with this CUP application. Per discussions with Chris LaRue, a printed copy of the 128-page Title Commitment is not included.
8. Proof of Water and Sewer Service. Water, sewer, well and/or septic service are not required for this facility, as it will be unoccupied on a day-to-day basis once fully operational. Sewage disposal during construction will be contractor provided by on-site portable toilets with routine off-site disposal.
9. Tri-County Health Department review. Review of previous solar projects in the county indicated that Tri-County Health determined no permanent septic system is necessary for an unmanned solar facility. Consequently, Company is assuming that no permanent municipal or county water or sewer service will be needed at the site as these items are not required for daily operation of the Project, which will be unoccupied during daily operation. There is currently no permanent water or sewer at the site. Company or Company's general contractor will provide adequate and portable potable water, construction water and sanitary facilities during on-site construction activities; proof of which will be furnished during the construction permit phase. Per correspondence with Chris LaRue, no check for this will be required.
10. Soil and Geologic Reports. As described in the attached report, the site is suitable for use as a solar energy facility and no unusual design challenges occur on the site. (Attached)
11. Preliminary Drainage Studies. Not applicable, as the project will not result in the installation of more than 3,000 feet of impervious surface.
The site grading will be designed to preserve the pre-development drainage pattern as much as possible. The stormwater runoffs under the post-development condition will not be concentrated at the outlet points.
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For solar project developments where there are no significant changes to the drainage pattern and no paved (impervious) access roads being proposed, typically any change to stormwater runoff after the installation of solar panels is considered to be nominal.
12. Proof of Utility Services. Utility services are not required for this facility as it will be unoccupied on a day-to- day basis once fully operational. Electric power generated by the solar facility will be distributed by IREA. The IREA Board Resolution authorizing and affirming the agreement between IREA and Victory Solar LLC is included as an attachment to this CUP application.
13. Certified boundary survey or Improvement Location Certificate (ILC) for the subject property. (Attached)
14. Site Plan. (Attached)
The 5-mile context map, vicinity map, and site plan shows the layout of the Project, including solar panels, setbacks, and access points, as well as staging and parking areas for construction.
15. Submittal Item C – Project Description
Project Overview
The Intermountain Rural Electric Association (“IREA”) has identified a need for a new solar electricity generating facility to meet its electricity requirements. IREA has selected juwi Inc., a local Colorado solar facility development and construction company to design, build, and operate a solar facility for this purpose.
Victory Solar LLC (the “Company”), a subsidiary of juwi Inc., is seeking a conditional use permit to build the Victory Solar Project (the “Project”) on land owned by the Intermountain Rural Electric Association. The Project would be adjacent to the IREA owned Victory Substation, and would be located on Parcel Number 0181516100002, which is located at the Southwest corner of East 56th Ave and North Converse Road, in Adams County, CO. Electricity from the project would be interconnected directly to the adjacent Victory Substation.
The local economic impact is anticipated to be approximately $1 million in local development and construction phase spending on wages, services, and supplies. Annual operation and maintenance spending will be approximately $100,000, and will include local services contracts.
The Project would utilize approximately 110 acres of land, and would have the capacity to produce approximately 12.8 Megawatts AC of power. The land would be used solely for the purposes of the solar project. An agreement between IREA and the Project has been signed, which provides for a maximum expected facility life of 35 years. A copy of the IREA Board Resolution evidencing this agreement has been included as an attachment to this application. A site location map is included with this CUP application as an attachment. The following material outlines pertinent criteria to be considered regarding the Project.
A. The conditional use is permitted in the applicable zone district. The parcel is currently owned by IREA, and is zoned for agricultural use, A-3. A solar energy facility is defined as a conditional use in the Adams County Zone District Regulations. The site is compatible with adjacent land uses and its location next to the IREA Substation at the Southwest corner of East 56th Ave and North Converse Road makes it an ideal location for a solar energy facility. The Project will be designed and constructed to be compatible with the surrounding area. The Project site is currently vacant.
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B. The conditional use is consistent with the purposes of these standards and regulations. The Project will be designed and constructed in accordance with all applicable zoning requirements and building codes, and in compliance with the requirements and conditions of the CUP issued by Adams County. The Project meets the minimum lot size, setback, and height requirements.
C. The conditional use will comply with the requirements of these standards and regulations including, but
not limited to, all applicable performance standards. The Company will ensure that any and all applicable performance standards are met. High voltage power lines currently run along the west side of North Converse Road, directly adjacent to the Project, and connect to the IREA substation. These structures have a height of approximately 60’. The solar farm would be located adjacent to the current electrical substation, and adjacent to the existing high voltage power lines. The maximum height of the solar arrays would be approximately 7’ above the ground surface, presenting a lower height profile than the existing structures associated with the substation and high voltage power lines. A 7’ high fence will be installed around the boundary of the Project site for safety purposes. Adjacent landowners have expressed a strong preference for a fence that is “see-through,” rather than an opaque fence that obstructs their views. Therefore, a chain link fence is proposed to meet the neighbor’s preferences, the need for site security, and for public safety around the electrical equipment. FIRM Panel # 08001C0715H and #08001C0720H indicate that the parcel is not in a special flood hazard area. Therefore, a floodplain use permit is not required. In addition, the project site is not in a MS4 Permit area. Erosion and sediment control will be accomplished through the application of Best Management Practices (BMPs).
The Project does not involve more than 3,000 square feet of impervious surface. Therefore, a drainage analysis and report has not been completed, in accordance with guidance from Adams County.
D. The conditional use is compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, not detrimental to the future development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County. The conditional use will not result in excessive traffic generation, noise, vibration, dust, glare, heat, smoke, fumes, gas, odors, or inappropriate hours of operation. An average of 75 workers is expected to be on-site during the 5 month construction period. Once operating, the facility will be unmanned. After construction is completed and the solar facility is operating, its performance will be tracked through sophisticated data acquisition equipment that tracks production and allows remote system monitoring. The Project will require only periodic maintenance visits with a normal passenger vehicle. The long term operation and maintenance of the facility will be conducted in a clean and safe manner. Water, sewer, septic and other utility services are not required for this facility, as it will be unoccupied on a day-to-day basis once fully operational. Operation of the facility would generate approximately 1 vehicle visit per week for maintenance purposes. Once operating, the solar energy production will be virtually silent, and it will produce no emissions, smoke, fumes, or odors. The photovoltaic panels are specifically designed to absorb light (thus generating electricity), rather than reflecting light. Thus, this facility is not expected to pose issues related to glare. The Project will be built on the existing ground surface, and grading on the site will be kept to a minimum, thus avoiding dust issues. A native low growth seed mix will also be utilized to revegetate any areas disturbed during
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construction, including areas under the solar arrays. This will further mitigate potential dust generation concerns during the operational phase of the project. There will be no lighting that is left on to run during nighttime hours, and there will be no lighting on the perimeter of the facility or to illuminate the arrays. Certain areas, such as the O&M storage shed, and the driveway access points will have lighting capabilities in the event that emergency nighttime maintenance is required. Thus, under normal conditions, there will be no lighting at the facility during nighttime hours. The closest residence to the site is located approximately .3 mile to the east. Two other residences are located to the west at a similar distance (.35 mile). The Company has met with the owners of these residences and has incorporated their recommendations in the Project design. No other residences are located within .5 mile of the Project. A site context map is included with this CUP application as an attachment.
E. The conditional use permit has addressed all off-site impacts. The Project is not expected to produce significant off-site impacts. During normal operations, the Project will not produce any pollution, noise, emissions, or heavy traffic. Off-site impacts during the construction phase of the project will be primarily due to construction traffic, which would last approximately 5 months. The Project is approximately four miles east of the Front Range Airport. A Determination of No Hazard to air navigation has been issued by the Federal Aviation Administration (FAA) for the Project. This analysis performed by the FAA considered all relevant local airport facilities, and deemed the Project to pose no hazard. The Project is not located in Important Farmlands and there are no other resources mapped in the vicinity of the site.
F. The site is suitable for the conditional use including adequate usable space, adequate access, and
absence of environmental constraints. Environmental studies and surveys have been completed for the Project site. A survey of biological resources was performed, which resulted in a determination that no sensitive or special status species or wildlife habitat was present on the site. Available mapping does not indicate any occurrence of sensitive or special status species on the site and none were observed during site survey. Additionally, no raptor nests or active prairie dog colonies were observed on or nearby the site. The closest trees to the proposed project area are located on private property 0.41 miles west and 0.28 miles east of the Project. No raptor nests were observed in trees on either of these properties or on the electric utility lines adjacent to the site. A driving survey of roads in the vicinity of the site also did not identify any raptor nests. Due to the lack of any significant wildlife habitat on the site or in the vicinity of the site, development and use of the site for solar energy production would not be expected to result in any conflicts with sensitive or significant wildlife species or their habitats. A file search was conducted to determine if any recorded cultural resources were located on or adjacent to the site. No sites or cultural resources were identified. A review of the Federal Emergency Management Agency (FEMA) maps for the Project area confirms that the Project is not located within the floodplain. FIRM Panel # 08001C0715H and #08001C0720H indicate that the parcel is not in a special flood hazard area. Therefore, a floodplain use permit is not required. This is supported by the engineering review conducted by the County prior to submittal of this application.
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A Phase I Environmental Site Assessment was conducted for the project site. The Phase I assessment revealed no evidence of Recognized Environmental Conditions (RECs), Controlled RECs, or Historical RECs in connection with the property. A site investigation was conducted to identify the occurrence of wetlands on the site. A very small wetland of 0.018 acres was identified in the northeast corner of the site, near the existing substation. The Project has been designed to avoid this small feature. This wetland will not be disturbed by project construction or operation and no other wetlands were identified on the site. Portions of two low lying areas located on the site may be considered a potential Water of the U.S. (WOTUS). As such, the project has been designed to avoid these features, and any impact to potential WOTUS will be less than 1/10 of one acre. Thus, the project will not require a Section 404 permit.
G. The site plan for the proposed conditional use will provide the most convenient and functional use of the lot including the parking scheme, traffic circulation, open space, fencing, screening, landscaping, signage, and lighting. A preliminary site plan for the Victory Solar Project is attached to this submittal package. The solar facility and photovoltaic (PV) equipment will be designed for an operational life of 35 years, and will utilize the highest quality materials and components to ensure robust performance. The technology employed will feature crystalline silicon solar modules, mounted on single-axis tracking arrays, which will be connected to central inverters, converting power from Direct Current to Alternating Current. The company has deployed the same technology in numerous projects across 10 states, and is well suited to construct this facility. The PV technology proposed for installation will be of industry standard and is designed to achieve a high level of performance. The tracking arrays will follow the sun; facing east in the morning, laying flat at noon, and facing west in the afternoon. The solar modules utilized to generate power are supported by steel racking and steel posts, which are embedded into the ground. Additional equipment involved in the Project will be constructed on gravel areas or foundations. The solar modules will be electrically linked in units to inverter/transformer power stations, each on a concrete foundation. Both the Project and IREA will construct interconnection infrastructure near the northeast corner of the project area on a gravel surface, in accordance with prudent utility practices. juwi specifically designs solar facilities to maximize the available flat land located on a project site. There is a slight topographic depression in the western portion of the site, which the facility has thus been designed to avoid. By avoiding this area, the Project can further minimize the earthwork and grading needed for arranging the solar arrays in parallel. A single-story permanent Operations and Maintenance (O&M) storage shed will be constructed to store materials and equipment. It will be approximately 600 square feet in size and will have a concrete foundation. The building will be utilized to store PV facility replacement parts and spare materials. The building will be unoccupied; as a result it will not be sprinkled and will not be insulated. No parking lots will be required for this unmanned facility. As described under D. above, there will be no lighting left on at the facility during nighttime hours. In order to minimize dust generation and weeds, the site will be revegetated following construction using a native seed mix. No additional landscape treatment is proposed. This would be in keeping with the current high voltage power lines which run adjacent to the site and North Converse Road, and with the Victory Substation, which do not have landscaping currently installed. However, if surrounding land uses
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change and water utilities are extended to the property, a landscaping plan will be provided and landscaping will be installed at that time along 56th Avenue and Converse Road. A strip of land 70' in width along the north property line will be dedicated for Right-of-way for E. 56th Avenue. A strip of land 40' in width along the east property line will be dedicated for Right-of-way for Converse Road. This reflects comments received from Adams County regarding necessary right-of-way dedications. Guidance from Adams County stipulates that setbacks of 120’ are required along E 56th Avenue, and North Converse Road. The Project will adhere to all applicable setback requirements, and will meet or exceed all setback footages. Two access points are proposed off of 56th Ave, 1,700 feet apart. Two access points are necessary in order to avoid constructing in the low-lying drainage that runs south to north on the property. Access off of North Converse Road is not proposed in order to avoid potential conflicts with the high voltage power lines and construction equipment. High voltage power lines currently run the length of the eastern border of the site, parallel to North Converse Road, providing no suitable and safe construction access for the solar project off of North Converse Road. Access points would be in compliance with street standards and driveway separation.
H. Sewer, water, storm water drainage, fire protection, police protection, and roads are to be available and adequate to serve the needs of the conditional use as designated and proposed. The unmanned solar facility will not require an onsite water supply. Potable water will be brought to the site for all individuals onsite during the construction phase of the project. Should any additional water be needed during the construction phase of the Project, it will be supplied from an offsite source. It is expected that natural rain and snow will provide for solar panel washing during the operation of the Project. In addition, no permanent sanitary facilities or septic system will be required for the project. Portable sanitary facilities will be provided for the construction of the project.
I. Submittal Items J and K, Regarding Minerals Pursuant to C.R.S. 24-65.5-103(1)(A) and (B), Victory Solar LLC has searched the Adams County tax assessor’s records for mineral estate owners as well as the clerk and recorder’s office for any mineral owner’s request for notification for any impacts to the property to be developed. Although no mineral estate owner was identified pursuant to the search requirements set forth by the State of Colorado, notification certification required under Adams County CUP Submittal item J identifies searches to include the records of the clerk and recorder’s office and is not specifically limited to identifying mineral estate owners requests for notification. Victory Solar LLC has conducted a search of records of the Adams County Clerk and Recorder and has identified the State of Colorado as the sole mineral estate owner. Submittal Item J requires notification “which is not less than thirty days before the initial public hearing.” As a public hearing has not yet been scheduled, Company is unable to complete Item J. Victory Solar LLC will make reasonable efforts to notify the State of Colorado through the State Land Board within thirty (30) days of the initial application hearing date, and will provide Item J at that time.
16. Rezoning. A complete application for rezoning is not applicable, as the proposed uses in the Conditional Use Permit application are consistent with the underlying Zone District. The parcel is agriculturally zoned as A-3. Based
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upon a review of previous solar farm projects in Adams County, which were considered Major Energy Facilities, A-3 has been a suitable zoning district for this use. The Project will be designed and constructed in accordance with all applicable zoning requirements and building codes, and in compliance with the requirements and conditions of the CUP issued by Adams County.
17. This application is not for a solid waste transfer station, thus materials outlined on Submittal Item E are not applicable.
18. This application is not for a solid waste composting facility, thus materials outlined on Submittal Item F are not applicable.
19. This application is not for a scrap tire recycling facility, thus materials outlined on Submittal Item G are not applicable.
20. This application is not for inert fill, thus materials outlined on Submittal Item H are not applicable.
21. Applicant Feedback Survey Form (Submittal Item D)
22. Traffic Impact Study. A traffic impact study is not required for this project, as the facility will not generate more than 20 vehicles per day throughout operations. This was affirmed at the pre-application meeting.
23. Legal Description PARCEL: Intermountain Rural Electric Association (IREA) The Northeast 1/4 of Section 16, Township 3 South, Range 63 West of the 6th P.M. SECT,TWN,RNG:16-3-63 DESC: PARC OF LAND IN SEC 16 DESC AS FOLS BEG AT SD N4 COR OF SEC 16 TH N 88D 46M 45S E 2135/54 FT TH S 00D 27M 40S E 497 FT TH N 88D 46M 45S E 497 FT TO A PT ON THE E LN OF SD NE4 OF SEC 16 TH S 00D 27M 40S E 985/26 FT TH S 89D 32M 12S W 465/84 FT TH S 00D 42M 54S E 199/99 FT TH N 89D 32M 17S E 464/95 FT TO A PT ON THE E LN OF SD NE4 OF SEC 16 TH S 00D 27M 40S E 963/65 FT TO THE S LN OF SD NE4 OF SEC 16 TH S 88D 37M 14S W 2631/01 FT TO THE W LN OF SD NE4 OF SEC 16 TH N 00D 29M 47S W 2653/17 FT TO THE POB EXC RD (REC NO 2008000075263) 151/4085A 24. Recorded Copy of the Certification of Notice to Mineral Estate Owners (Submittal Item J) – per item 15.I above, Submittal Item J will be completed once the initial public hearing is scheduled, and within 30 days of that public hearing).
25. Recorded copy of the Certification concerning Qualifying Surface Development (Submittal Item K) – per item 15.I above, Submittal Item K will be completed once the initial public hearing is scheduled, and within 30 days of that public hearing).
26. Recorded copy of the Certification concerning Qualifying Surface Development (Submittal Item L) – per item 15.I above, Submittal Item L will be completed once the initial public hearing is scheduled, and within 30 days of that public hearing).
Other Items
A. Building Permit Requirements
Construction will comply with the 2012 International Building Code and the 2014 National Electrical Code. The Company will submit engineered drawings for review and approval of building permits. The Company will obtain
9
and review the commercial submittal check list for building permits. The Company will comply with building permit requirements when submitting for the building permit.
B. IREA Board Resolution for agreement with juwi (Attached)
C. FAA Determination (Attached)
A Determination of No Hazard to Air Navigation has been issued by the Federal Aviation Administration (FAA) for the Project. This analysis performed by the FAA considered all relevant local airport facilities, and deemed the Project to pose no hazard.
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This site is subject to access authorization and control procedures
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1. FENCE WILL BE GALVANIZED CHAIN LINK WITH 2" MESH, 9 GAGE.
E 56Th Ave
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Adams County, Colorado NAD 1983, UTM Zone 13
Key Project site Transmission line
Source: USGS 7.5' Topographic Quadrangles:
Intermountain REA Substation
Project Site Context
Aeronautical Study No. 2015-ANM-3418-OE
Page 1 of 3
Issued Date: 01/07/2016
Planning and Development juwi Inc. 1710 29th St, Suite 1068 Boulder, CO 80302
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Solar Panel Victory Solar Location: Bennett, CO Latitude: 39-47-43.00N NAD 83 Longitude: 104-26-11.00W Heights: 5408 feet site elevation (SE)
9 feet above ground level (AGL) 5417 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1) __X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 L.
This determination expires on 07/07/2017 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application.
Page 2 of 3
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
If we can be of further assistance, please contact our office at (816) 329-2508. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2015-ANM-3418-OE.
Signature Control No: 271471425-277104492 ( DNE ) Vee Stewart Specialist
Attachment(s) Map(s)
From: Phil Armstrong To: Chris LaRue Cc: Kaufman Brooks Subject: RE: Victory Solar Project (RCU2016-00006) Date: Friday, March 18, 2016 1:27:47 PM
Chris,   Thank you again for speaking with us on Wednesday. As promised, below are two follow up remarks  on the Development Review Comments you sent 3/7/16.  
1) Regarding the proposed Condition of Approval #1 – “This Conditional Use Permit shall expire on May 3, 2037.”
a. The Victory Solar generating facility is somewhat different from previous solar  projects in Adams County, in that it is not a community solar garden. Rather, the  Victory generating facility is a larger utility-scale solar facility that will provide power  directly to IREA, on land owned by IREA, and will be critical utility infrastructure. As  such, the Victory generating facility will have a longer operational life than solar  gardens, and will be a critical component of IREA’s power delivery infrastructure in  this area.
b. Thus, we propose that “This Conditional Use Permit shall expire at the end of the operational life of the facility.”  
2) Regarding the proposed Condition of Approval #3 – “The applicant shall install a decorative fence along the property frontages. The design and materials shall be approved by the Adams County Community and Economic Development Department.”
a. We understand and appreciate the County’s desire to have a fence that does not  pose negative visual impacts. The site currently has two contiguous fence structures  abutting it.  Fence structure #1 surrounds the current Victory Substation, and is  comprised of chain link fence. Fence structure #2 surrounds Front Range Airport  communications infrastructure, and is also comprised of chain link fence. We  believe that constructing a different style of decorative fence would not be in  keeping with the two current fences that abut the site and run along Converse road.  A decorative fence may stick out, and may look visually disruptive.  The Victory solar  generating facility will be infrastructure serving IREA, and should be treated as such.
b. Thus, we respectfully propose that Condition of Approval #3 be removed as a  requirement.
  As usual, we are more than happy to continue discussing these topics.   Kind regards, and have a great weekend Chris.   Phil     Phil Armstrong
juwi Inc. • 1710 29th Street, Suite 1068 • Boulder, Colorado 80301 • USA office +1.720.838.2316 • fax. +1.303.442.1981 parmstrong@juwiamericas.com • www.juwiamericas.com juwi · Energy is here  
From: Chris LaRue [mailto:CLaRue@adcogov.org] Sent: Monday, March 07, 2016 4:32 PM To: Phil Armstrong; 'bkaufman@irea.coop'; 'tkeith@logansimpson.com'; 'brian.valentine@kimley- horn.com'; 'Jeremy Call' Subject: Victory Solar Project (RCU2016-00006)   Please see the attached case comments.  I have some proposed hearing dates at the end of the  letter.  I would like to see if those dates will work.   Thanks, Chris       Christopher C. LaRue Senior Planner, Community & Economic Development Department ADAMS COUNTY, COLORADO 4430 South Adams County Parkway, W2000A Brighton, CO 80601 O: 720.523.6858 | clarue@adcogov.org
 www.adcogov.org
TOPO Map for ASN 2015-ANM-3418-OE
Development Review Team Comments: Date: 3/7/16 Project Number: RCU2016-00006 Project Name: Victory Solar Project Thank you for your recent development application. Per Section 2-01-05, Adams County staff referred your applications to internal and external agencies for review. The allotted time for the agencies comments expired on Friday, March 4, 2016. Please note where “Section” is referenced, it is referring to the appropriate section of the Adams County Development Standards and Regulations. The following review comments and information from the Development Review Team is based on the submitted documents only. For submission of revisions to applications, a cover letter addressing each staff review comments must be provided. The cover letter must include the following information: restate each comment that requires a response and provide a response below the comment; respond to each comment with a description of the revisions and the page of the response on the site plan. And identify any additional changes made to the original document other than those required by staff. Commenting Division: Development Services, Planning Name of Reviewer: Christopher C. LaRue Date: 3/4/16 Email: clarue@adcogov.org / 720-523-6858
PLN1. Request a Conditional Use Permit for a Major Energy Facility (Community Solar Garden) in the A-3 zoned district.
PLN2. Per Section 11-02-314 of the Adams County Development Standards and Regulations, Major Energy Facilities include related uses of transmission lines, power plants, and substations.
PLN3. Per Section 3-07-01 of the Adams County Development Standards and Regulations, a Major Energy Facility is allowed as a Conditional Use in every zone district, except Public Lands (P-L) where this use is prohibited.
PLN4. Per Section 2-02-08 and 4-15-07, the Board of County Commissioners (BOCC) is the final decision authority to review and approve/deny Conditional Use Permits. Also, Per Section 2-02-08-05 CUPs are reviewed by the Planning Commission (PC) and BoCC.
PLN5. The property is located in the A-3 zoning district. Per Section 3-10-01 the purpose of the Agricultural-3 District is to provide land primarily in holdings of at least thirty-five
(35) acres for dryland or irrigated farming, pasturage, or other related food production uses.
PLN6. The use shall comply with all setback requirements of the A-3 zone District: • Front 50 feet • Side 10 feet • Rear 20 feet • Section Line Road 120 feet • SH/Arterial/local/collector 50 feet
It appears your site plan will need to be adjusted to meet these requirements. PLN7. The property is located within the Agriculture future land use. The areas that have
been identified as agricultural are those that are not expected to develop, except for limited areas of very low density residential at densities of 1 dwelling per 35 acres, for the foreseeable future. These areas are typically characterized by a lack of urban services.
PLN8. Originally it was stated the site would be required to conform to the County’s landscaping requirements outlined in Section 4-16 of the County’s Development Standards (screening from the right-of-way). Your plan proposes no landscaping. We are in general agreement with your approach. However, we will likely require a more decorative fence along your two property frontages. The fence could be wrought iron, masonry, or some other alternative proposal to chain link.
PLN9. Please provide more information about the jobsite trailers and storage areas depicted on the site plan. It appears the trailers would be needed for a five month construction period. Construction trailers can only be permitted by the following separate land use processes:
a. Temporary Use Permit: an administrative permit which can be issued for a maximum of 90 days. See Sections 4-05 & 4-05-02-05 for requirements.
b. Special Use Permit: a public hearing process heard before the Board of Adjustment. The time period for a SUP is established by the permit. This process can take a couple of months to process. See Sections 4-04 & 4-04-02-02 for requirements.
The following are anticipated Conditions of Approval: Recommended Conditions of Approval:
1. This Conditional Use Permit shall expire on May 3, 2037. 2. No landscaping or screen fencing shall be required with the development of this
Conditional Use Permit. 3. The applicnat shall install a decorative fence along the property frontages. The fence
design and materials shall be approved by the Adams County Community and Economic Development Department.
4. The solar panels on-site shall be removed when the conditional use permit expires, unless an extension or renewal is granted by the Board of County Commissioners.
5. All setbacks for the A-3 zone District contained in Section 3-10 of the Adams County Development Standards and Regulations shall be followed.
6. All construction trailers utilized as part of this project shall obtain either a Temporary Use Permit or Special Use Permit as appropriate.
Commenting Division: Development Services, Engineering: Name of Review: Greg Labrie Date: 2/12/16 Email: glabrie@adcogov.org
ENG1. Flood Insurance Rate Map – FIRM Panels # (08001C0715H and 08001C0720H),
Federal Emergency Management Agency, March 5, 2007. According to the above references, the project site is NOT located within a delineated 100-year flood hazard zone; A floodplain use permit will not be required.
ENG2. The applicant shall be responsible to ensure compliance with all Federal, State, and Local water quality construction requirements. The project site is not within the County's MS4 Stormwater Permit area. The installation of erosion and sediment control BMPs are expected.
ENG3. If the applicant is proposing to install over 3,000 square feet of impervious area on the project site, a drainage report and drainage plans in accordance to Chapter 9 of the Adams County Development Review Manual, are required to be completed by a registered professional engineer and submitted to Adams County for review and final approval.
ENG4. Access will be allowed onto 56th Avenue and/or Converse Road. If the proposed development generates over 20 vehicles per day a traffic impact study is required to be submitted to Adams County for review and approval.
Commenting Division: Development Services, Right-Of-Way Name of Review: Bob Kovacs Date: 3/4/16 Email. rkovacs@adcogov.org
ROW 1. A strip of land 70 feet in width along the north property line should be dedicated for Right-of-way for E. 56th Ave.
ROW 2. A strip of land 40' in width along the east property line should be dedicated for Right-of-way for Converse Rd.
ROW 3. Legal descriptions should be prepared by a Professional Land Surveyor and sent to Adams County for review.
Commenting Division: Development Services Building and Safety Name of Review: Justin Blair Date: 2/16/16 Email: jblair@adcogov.org
BSD1. Building Permits will be required for the construction. BSD2. Engineered plans will be required for the permit. The applicant should refer to the
commercial and industrial submittal requirements for details: www.adcogov.org\building
External Referral Comments received (Letters attached) Note the referral list is included with these comments. Those agencies not submitting comments are presumed to have no concerns.
• Adams County Environmental Analyst • Adams County Treasurer’s Office • Adams County Finance • Denver International Airport (DIA) • CDOT • IREA • Xcel Energy
The determination of staff is that your application does address the requirements of the County’s development standards and regulations. There are no outstanding issues to cause the delay of this case. The project will tentatively be scheduled for the following dates
• Planning Commission (PC) on 4/14/16 at 6:00 p.m. • Board of County Commissioners (BoCC) on 5/10/16 at 10:00 a.m.
Please confirm with me if the above proposed hearing dates will be acceptable to you. Please contact me once you have evaluated the comments. I can set up a follow-up meeting to discuss any outstanding issues or concerns, if that is your preference. My direct telephone number is (720) 523-6858, and my e-mail address is clarue@adcogov.org .
From: Jen Rutter To: Chris LaRue Subject: RE: Case # RCU2016-00006 Request for comments Date: Tuesday, February 23, 2016 2:20:55 PM
Chris,   I do not have any environmental concerns regarding this development, as the applicant has done  their due diligence by performing a survey of biological resources and a Phase I Environmental Site  Assessment on the property. There were neither special status species present on the property nor  any Recognized Environmental Conditions (RECs) found. Additionally, the applicant has designed  their project to avoid the small wetland in the northeast corner of the parcel, as well as the two low- lying areas that could be considered Waters of the U.S.   Thank you, Jen   Jen Rutter Environmental Analyst, Community & Economic Development Department ADAMS COUNTY, COLORADO 4430 South Adams County Parkway, 1st Floor, Suite W2000A Brighton, CO 80601 O: 720.523.6841 | jrutter@adcogov.org
 www.adcogov.org
 
From: Chris LaRue Sent: Wednesday, February 10, 2016 11:04 AM To: Aaron Clark; Amanda Overton; Ben Dahlman; Brigitte Grimm; Christine Francescani; Eric Guenther; Greg Labrie; Jen Rutter; Justin Blair; Marc Pedrucci; Matthew Emmens; Michael Kaiser; Nathan Mosley; Nikki Blair; Patsy Melonakis; Robert Kovacs; Tonia Fuller Subject: Case # RCU2016-00006 Request for comments   To All:   Please see the attached request for comments for Case # RCU2016-00006.  Please respond by  March 4, 2016.   Thanks, Chris       Christopher C. LaRue Senior Planner, Community & Economic Development Department ADAMS COUNTY, COLORADO 4430 South Adams County Parkway, W2000A Brighton, CO 80601 O: 720.523.6858 | clarue@adcogov.org
ATT00001.htm DOCS-#5298072-v1-RCU2016-00006_Victory_Solar_request_for_comments_packet.PDF ATT00002.htm image001.png
Case Name: Victory Solar Project Case Number: RCU2016-00006 Parcel # 0181516100002 The above mentioned parcel has 2015 taxes due in full April 30, 2016, therefore, the Treasurer’s Office has no negative input regarding this request.
Jennifer Lothrop Treasurer Technician Adams County Treasurer's Office 4430 S. Adams County Pkwy., Ste. C2436 Brighton, CO 80601 720.523.6761 | www.adcotax.com Mon. - Fri. 7am - 5pm
ADAMS COUNTY, COLORADO
Brighton, CO 80601
O: 720.523.6858 | clarue@adcogov.org
 
 
 
Request for Comments Case Name: Victory Solar Project Case Number: RCU2016-00006 February 10, 2016 Adams County Planning Commission is requesting comments on the following request: Request for a Conditional Use Permit to allow a major energy facility (solar garden) in an Agricultural-3 (A-3) zone district, pursuant to Section 3-10-04-05. This request is located: on the Southwest corner of East 56th Avenue & Converse Road The Assessor's Parcel Number is 0181516100002 Applicant Information: Victory Solar LLC
1710 29TH STREET SUITE 1068 BOULDER, CO 80301 Please forward any written comments on this application to the Department of Community and Economic Development at 4430 South Adams County Parkway, Suite W2000A Brighton, CO 80601-8216 (720) 523-6800 by 03/04/2016 in order that your comments may be taken into consideration in the review of this case. If you would like your comments included verbatim please send your response by way of e-mail to CLaRue@adcogov.org. Once comments have been received and the staff report written, the staff report and notice of public hearing dates will be forwarded to you for your information. The full text of the proposed request and additional colored maps can be obtained by contacting this office or by accessing the Adams County web site at www.adcogov.org/planning/currentcases. Thank you for your review of this case.
Christopher C. LaRue Case Manager
18151815
17291729
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Bennett
A-2
A-2
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th Rd
8 9
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This map is made possible by the Adams County GIS group, which assumes no
responsibility for its accuracy
Railroad Major Water Zoning Line Sections
Zoning Districts
Airport Noise Overlay
A-1 A-2 A-3 R-E R-1-A R-1-C R-2 R-3 R-4 M-H C-0 C-1 C-2 C-3 C-4 C-5 I-1 I-2 I-3 CO PL AV DIA
P-U-D(P) P-U-D
3. Application Fee (Submittal Item M) (Attached)
4. Conceptual Review Meeting Summary Letter (Attached)
5. Neighborhood Meeting Summary (Mailing Labels Attached). The closest residence to the site is located approximately .3 mile to the east. Two other residences are located to the west at a similar distance (.35 mile). The Company has met with the owners of these residences and has incorporated their recommendations in the Project design. No other residences are located within .5 mile of the Project. In addition, letters were mailed to property owners on January 15, 2016 notifying them of the project and providing contact information for any questions about the project. Per the pre-application meeting, Adams County determined a public meeting was not necessary.
6. Certificate of Taxes Paid (Attached) A Receipt of Tax Payment by previous owner Randy J. Taylor from April 27, 2015 is attached as part of this CUP application. Also attached is the Statement of Taxes Due as of January 14, 2016. The current property owner and applicant IREA will pay the taxes due prior to the Planning Commission Public Meeting. The parcel is currently owned by IREA, as confirmed in the Title Commitment provided under Item 7. Proof of Ownership.
7. Proof of Ownership (Attached) The Title Commitment for the property is included electronically on the flash drive provided to Adams County with this CUP application. Per discussions with Chris LaRue, a printed copy of the 128-page Title Commitment is not included.
8. Proof of Water and Sewer Service. Water, sewer, well and/or septic service are not required for this facility, as it will be unoccupied on a day-to-day basis once fully operational. Sewage disposal during construction will be contractor provided by on-site portable toilets with routine off-site disposal.
9. Tri-County Health Department review. Review of previous solar projects in the county indicated that Tri-County Health determined no permanent septic system is necessary for an unmanned solar facility. Consequently, Company is assuming that no permanent municipal or county water or sewer service will be needed at the site as these items are not required for daily operation of the Project, which will be unoccupied during daily operation. There is currently no permanent water or sewer at the site. Company or Company's general contractor will provide adequate and portable potable water, construction water and sanitary facilities during on-site construction activities; proof of which will be furnished during the construction permit phase. Per correspondence with Chris LaRue, no check for this will be required.
10. Soil and Geologic Reports. As described in the attached report, the site is suitable for use as a solar energy facility and no unusual design challenges occur on the site. (Attached)
11. Preliminary Drainage Studies. Not applicable, as the project will not result in the installation of more than 3,000 feet of impervious surface.
The site grading will be designed to preserve the pre-development drainage pattern as much as possible. The stormwater runoffs under the post-development condition will not be concentrated at the outlet points.
3
For solar project developments where there are no significant changes to the drainage pattern and no paved (impervious) access roads being proposed, typically any change to stormwater runoff after the installation of solar panels is considered to be nominal.
12. Proof of Utility Services. Utility services are not required for this facility as it will be unoccupied on a day-to- day basis once fully operational. Electric power generated by the solar facility will be distributed by IREA. The IREA Board Resolution authorizing and affirming the agreement between IREA and Victory Solar LLC is included as an attachment to this CUP application.
13. Certified boundary survey or Improvement Location Certificate (ILC) for the subject property. (Attached)
14. Site Plan. (Attached)
The 5-mile context map, vicinity map, and site plan shows the layout of the Project, including solar panels, setbacks, and access points, as well as staging and parking areas for construction.
15. Submittal Item C – Project Description
Project Overview
The Intermountain Rural Electric Association (“IREA”) has identified a need for a new solar electricity generating facility to meet its electricity requirements. IREA has selected juwi Inc., a local Colorado solar facility development and construction company to design, build, and operate a solar facility for this purpose.
Victory Solar LLC (the “Company”), a subsidiary of juwi Inc., is seeking a conditional use permit to build the Victory Solar Project (the “Project”) on land owned by the Intermountain Rural Electric Association. The Project would be adjacent to the IREA owned Victory Substation, and would be located on Parcel Number 0181516100002, which is located at the Southwest corner of East 56th Ave and North Converse Road, in Adams County, CO. Electricity from the project would be interconnected directly to the adjacent Victory Substation.
The local economic impact is anticipated to be approximately $1 million in local development and construction phase spending on wages, services, and supplies. Annual operation and maintenance spending will be approximately $100,000, and will include local services contracts.
The Project would utilize approximately 110 acres of land, and would have the capacity to produce approximately 12.8 Megawatts AC of power. The land would be used solely for the purposes of the solar project. An agreement between IREA and the Project has been signed, which provides for a maximum expected facility life of 35 years. A copy of the IREA Board Resolution evidencing this agreement has been included as an attachment to this application. A site location map is included with this CUP application as an attachment. The following material outlines pertinent criteria to be considered regarding the Project.
A. The conditional use is permitted in the applicable zone district. The parcel is currently owned by IREA, and is zoned for agricultural use, A-3. A solar energy facility is defined as a conditional use in the Adams County Zone District Regulations. The site is compatible with adjacent land uses and its location next to the IREA Substation at the Southwest corner of East 56th Ave and North Converse Road makes it an ideal location for a solar energy facility. The Project will be designed and constructed to be compatible with the surrounding area. The Project site is currently vacant.
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B. The conditional use is consistent with the purposes of these standards and regulations. The Project will be designed and constructed in accordance with all applicable zoning requirements and building codes, and in compliance with the requirements and conditions of the CUP issued by Adams County. The Project meets the minimum lot size, setback, and height requirements.
C. The conditional use will comply with the requirements of these standards and regulations including, but
not limited to, all applicable performance standards. The Company will ensure that any and all applicable performance standards are met. High voltage power lines currently run along the west side of North Converse Road, directly adjacent to the Project, and connect to the IREA substation. These structures have a height of approximately 60’. The solar farm would be located adjacent to the current electrical substation, and adjacent to the existing high voltage power lines. The maximum height of the solar arrays would be approximately 7’ above the ground surface, presenting a lower height profile than the existing structures associated with the substation and high voltage power lines. A 7’ high fence will be installed around the boundary of the Project site for safety purposes. Adjacent landowners have expressed a strong preference for a fence that is “see-through,” rather than an opaque fence that obstructs their views. Therefore, a chain link fence is proposed to meet the neighbor’s preferences, the need for site security, and for public safety around the electrical equipment. FIRM Panel # 08001C0715H and #08001C0720H indicate that the parcel is not in a special flood hazard area. Therefore, a floodplain use permit is not required. In addition, the project site is not in a MS4 Permit area. Erosion and sediment control will be accomplished through the application of Best Management Practices (BMPs).
The Project does not involve more than 3,000 square feet of impervious surface. Therefore, a drainage analysis and report has not been completed, in accordance with guidance from Adams County.
D. The conditional use is compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, not detrimental to the future development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County. The conditional use will not result in excessive traffic generation, noise, vibration, dust, glare, heat, smoke, fumes, gas, odors, or inappropriate hours of operation. An average of 75 workers is expected to be on-site during the 5 month construction period. Once operating, the facility will be unmanned. After construction is completed and the solar facility is operating, its performance will be tracked through sophisticated data acquisition equipment that tracks production and allows remote system monitoring. The Project will require only periodic maintenance visits with a normal passenger vehicle. The long term operation and maintenance of the facility will be conducted in a clean and safe manner. Water, sewer, septic and other utility services are not required for this facility, as it will be unoccupied on a day-to-day basis once fully operational. Operation of the facility would generate approximately 1 vehicle visit per week for maintenance purposes. Once operating, the solar energy production will be virtually silent, and it will produce no emissions, smoke, fumes, or odors. The photovoltaic panels are specifically designed to absorb light (thus generating electricity), rather than reflecting light. Thus, this facility is not expected to pose issues related to glare. The Project will be built on the existing ground surface, and grading on the site will be kept to a minimum, thus avoiding dust issues. A native low growth seed mix will also be utilized to revegetate any areas disturbed during
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construction, including areas under the solar arrays. This will further mitigate potential dust generation concerns during the operational phase of the project. There will be no lighting that is left on to run during nighttime hours, and there will be no lighting on the perimeter of the facility or to illuminate the arrays. Certain areas, such as the O&M storage shed, and the driveway access points will have lighting capabilities in the event that emergency nighttime maintenance is required. Thus, under normal conditions, there will be no lighting at the facility during nighttime hours. The closest residence to the site is located approximately .3 mile to the east. Two other residences are located to the west at a similar distance (.35 mile). The Company has met with the owners of these residences and has incorporated their recommendations in the Project design. No other residences are located within .5 mile of the Project. A site context map is included with this CUP application as an attachment.
E. The conditional use permit has addressed all off-site impacts. The Project is not expected to produce significant off-site impacts. During normal operations, the Project will not produce any pollution, noise, emissions, or heavy traffic. Off-site impacts during the construction phase of the project will be primarily due to construction traffic, which would last approximately 5 months. The Project is approximately four miles east of the Front Range Airport. A Determination of No Hazard to air navigation has been issued by the Federal Aviation Administration (FAA) for the Project. This analysis performed by the FAA considered all relevant local airport facilities, and deemed the Project to pose no hazard. The Project is not located in Important Farmlands and there are no other resources mapped in the vicinity of the site.
F. The site is suitable for the conditional use including adequate usable space, adequate access, and
absence of environmental constraints. Environmental studies and surveys have been completed for the Project site. A survey of biological resources was performed, which resulted in a determination that no sensitive or special status species or wildlife habitat was present on the site. Available mapping does not indicate any occurrence of sensitive or special status species on the site and none were observed during site survey. Additionally, no raptor nests or active prairie dog colonies were observed on or nearby the site. The closest trees to the proposed project area are located on private property 0.41 miles west and 0.28 miles east of the Project. No raptor nests were observed in trees on either of these properties or on the electric utility lines adjacent to the site. A driving survey of roads in the vicinity of the site also did not identify any raptor nests. Due to the lack of any significant wildlife habitat on the site or in the vicinity of the site, development and use of the site for solar energy production would not be expected to result in any conflicts with sensitive or significant wildlife species or their habitats. A file search was conducted to determine if any recorded cultural resources were located on or adjacent to the site. No sites or cultural resources were identified. A review of the Federal Emergency Management Agency (FEMA) maps for the Project area confirms that the Project is not located within the floodplain. FIRM Panel # 08001C0715H and #08001C0720H indicate that the parcel is not in a special flood hazard area. Therefore, a floodplain use permit is not required. This is supported by the engineering review conducted by the County prior to submittal of this application.
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A Phase I Environmental Site Assessment was conducted for the project site. The Phase I assessment revealed no evidence of Recognized Environmental Conditions (RECs), Controlled RECs, or Historical RECs in connection with the property. A site investigation was conducted to identify the occurrence of wetlands on the site. A very small wetland of 0.018 acres was identified in the northeast corner of the site, near the existing substation. The Project has been designed to avoid this small feature. This wetland will not be disturbed by project construction or operation and no other wetlands were identified on the site. Portions of two low lying areas located on the site may be considered a potential Water of the U.S. (WOTUS). As such, the project has been designed to avoid these features, and any impact to potential WOTUS will be less than 1/10 of one acre. Thus, the project will not require a Section 404 permit.
G. The site plan for the proposed conditional use will provide the most convenient and functional use of the lot including the parking scheme, traffic circulation, open space, fencing, screening, landscaping, signage, and lighting. A preliminary site plan for the Victory Solar Project is attached to this submittal package. The solar facility and photovoltaic (PV) equipment will be designed for an operational life of 35 years, and will utilize the highest quality materials and components to ensure robust performance. The technology employed will feature crystalline silicon solar modules, mounted on single-axis tracking arrays, which will be connected to central inverters, converting power from Direct Current to Alternating Current. The company has deployed the same technology in numerous projects across 10 states, and is well suited to construct this facility. The PV technology proposed for installation will be of industry standard and is designed to achieve a high level of performance. The tracking arrays will follow the sun; facing east in the morning, laying flat at noon, and facing west in the afternoon. The solar modules utilized to generate power are supported by steel racking and steel posts, which are embedded into the ground. Additional equipment involved in the Project will be constructed on gravel areas or foundations. The solar modules will be electrically linked in units to inverter/transformer power stations, each on a concrete foundation. Both the Project and IREA will construct interconnection infrastructure near the northeast corner of the project area on a gravel surface, in accordance with prudent utility practices. juwi specifically designs solar facilities to maximize the available flat land located on a project site. There is a slight topographic depression in the western portion of the site, which the facility has thus been designed to avoid. By avoiding this area, the Project can further minimize the earthwork and grading needed for arranging the solar arrays in parallel. A single-story permanent Operations and Maintenance (O&M) storage shed will be constructed to store materials and equipment. It will be approximately 600 square feet in size and will have a concrete foundation. The building will be utilized to store PV facility replacement parts and spare materials. The building will be unoccupied; as a result it will not be sprinkled and will not be insulated. No parking lots will be required for this unmanned facility. As described under D. above, there will be no lighting left on at the facility during nighttime hours. In order to minimize dust generation and weeds, the site will be revegetated following construction using a native seed mix. No additional landscape treatment is proposed. This would be in keeping with the current high voltage power lines which run adjacent to the site and North Converse Road, and with the Victory Substation, which do not have landscaping currently installed. However, if surrounding land uses
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change and water utilities are extended to the property, a landscaping plan will be provided and landscaping will be installed at that time along 56th Avenue and Converse Road. A strip of land 70' in width along the north property line will be dedicated for Right-of-way for E. 56th Avenue. A strip of land 40' in width along the east property line will be dedicated for Right-of-way for Converse Road. This reflects comments received from Adams County regarding necessary right-of-way dedications. Guidance from Adams County stipulates that setbacks of 120’ are required along E 56th Avenue, and North Converse Road. The Project will adhere to all applicable setback requirements, and will meet or exceed all setback footages. Two access points are proposed off of 56th Ave, 1,700 feet apart. Two access points are necessary in order to avoid constructing in the low-lying drainage that runs south to north on the property. Access off of North Converse Road is not proposed in order to avoid potential conflicts with the high voltage power lines and construction equipment. High voltage power lines currently run the length of the eastern border of the site, parallel to North Converse Road, providing no suitable and safe construction access for the solar project off of North Converse Road. Access points would be in compliance with street standards and driveway separation.
H. Sewer, water, storm water drainage, fire protection, police protection, and roads are to be available and adequate to serve the needs of the conditional use as designated and proposed. The unmanned solar facility will not require an onsite water supply. Potable water will be brought to the site for all individuals onsite during the construction phase of the project. Should any additional water be needed during the construction phase of the Project, it will be supplied from an offsite source. It is expected that natural rain and snow will provide for solar panel washing during the operation of the Project. In addition, no permanent sanitary facilities or septic system will be required for the project. Portable sanitary facilities will be provided for the construction of the project.
I. Submittal Items J and K, Regarding Minerals Pursuant to C.R.S. 24-65.5-103(1)(A) and (B), Victory Solar LLC has searched the Adams County tax assessor’s records for mineral estate owners as well as the clerk and recorder’s office for any mineral owner’s request for notification for any impacts to the property to be developed. Although no mineral estate owner was identified pursuant to the search requirements set forth by the State of Colorado, notification certification required under Adams County CUP Submittal item J identifies searches to include the records of the clerk and recorder’s office and is not specifically limited to identifying mineral estate owners requests for notification. Victory Solar LLC has conducted a search of records of the Adams County Clerk and Recorder and has identified the State of Colorado as the sole mineral estate owner. Submittal Item J requires notification “which is not less than thirty days before the initial public hearing.” As a public hearing has not yet been scheduled, Company is unable to complete Item J. Victory Solar LLC will make reasonable efforts to notify the State of Colorado through the State Land Board within thirty (30) days of the initial application hearing date, and will provide Item J at that time.
16. Rezoning. A complete application for rezoning is not applicable, as the proposed uses in the Conditional Use Permit application are consistent with the underlying Zone District. The parcel is agriculturally zoned as A-3. Based
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upon a review of previous solar farm projects in Adams County, which were considered M